People v. Hall

OPINION OF THE COURT

Memorandum.

In each case the order of the Appellate Division should be reversed and a new trial ordered.

A request was made to charge the jury on the lesser included offense of assault in the third degree. This request was refused by the court for the stated reason that the defendants conceded that the victim suffered serious physical injury.

While the court was correct in noting the defendants’ concession with respect to the serious physical injury which the victim had in fact suffered, there was no concession that serious physical injury was the consequence which the…